Hari Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70798 of 2018 Arising Out of PS. Case No.-271 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Hari Prasad Yadav, S/o Late Baidyanath Prasad Yadav, Resident of VillageKotra, P.S.-Hayeghat, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar Singh For the Opposite Party/s :

Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sadar Darbhanga P.S. Case No.271 of 2018 registered for the offence punishable under Sections 370, 120B of the Indian Penal Code, Sections 4 and 7 of the Immoral Traffic (Prevention) Act, 1956 and under Sections 9 and 16 of Drugs and Cosmetics Act, 1940. Informant is the Police Officer who has stated that in order to curb prostitution a team was constituted by the SubDivisional Police Officer and a raid was conducted in the Yatri Niwas Guest House fromwhere many accused indulged in flesh trade were apprehended. Petitioner was also one of them who was apprehended in a room in a compromising position with a lady.

Patna High Court Cr.Misc. No.70798 of 2018(2) dt.10-12-2018 2/3 It has been submitted on behalf of the petitioner that owner of the Yatri Guest House has been granted bail by the court below and similarly placed accused have already been granted bail. Petitioner has no criminal antecedent and he is in custody since 05.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M. Darbhanga in connection with Sadar Darbhanga P.S. Case No.271 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.70798 of 2018(2) dt.10-12-2018 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T